Australian immigration policies are stern about all the applicants meeting the eligibility requirements for the visa grant. Age, Skill, English Language proficiency, health and character are some of the standard prerequisites; every visa applicant is expected to adhere.
However, under Permanent Employer Sponsored Programme, few visa applicants under the specified categories can get the exemption from age, skill and English language requirements.
Here are the details about the exemptions
Approved Australian employers can sponsor skilled workers to remain permanently in Australia through Employer Nomination Scheme under visa subclass 186.
Similarly, the Regional Sponsored Migration Scheme Visa too allows the skilled workers to remain and work in regional Australia on a permanent basis under visa subclass 187.
There are three streams under which the skilled workers can apply for Employer Nominated Scheme Visa or Regional Sponsored Migration Scheme Visa
a. Temporary Residence Stream
b. Direct Entry Stream
c. Agreement Stream
The exemptions of the English language, age and skill can be availed under Temporary Residence and Direct Entry streams.
The factors that determine the exemptions are – applicant’s nominated occupation, salary, the duration of employment of the applicant with the nominating employer and the stream under which he/she is applying for ENS or RSMS.
Applicants applying through Agreement Stream by way of Labour Agreement can negotiate the concession terms.
The visa applicant must be less than 45 years of age if applying under the Direct Entry Stream or below 50 years of age if applying through Temporary Residence Stream or be exempted from meeting the age criteria.
Below applicants can get age exemption if they are nominated as
- A Senior Academic by a university in Australia
- A Scientist, Researcher or a Technical Specialist by an Australian government scientific agency, including state and territory government scientific agencies.
- A Medical Practitioner (ANZSCO minor group 253), who worked in their nominated occupation as the subclass 457 visa holder for a minimum of four years immediately before applying for this visa. The employment location requires being in regional Australia for at least two of these four years. And the nominated place too needs to be in regional Australia.
- An applicant who has been working for their nominating employer as a subclass 457 visa holder for the last four years and is applying under the Temporary Residence Stream, and whose salary was at least equal to the Fair Work Australia High Income Threshold for each year over the period of working.
- Applicants of the Direct Entry Stream – A New Zealand citizen and a non-NZ family member of the New Zealand citizen who is subclass 444/461 visa holder and who is working for at least two years among the last three years immediately before applying for this visa for their nominating employer in their nominated occupation. The above period does not take into consideration the duration of the unpaid leave.
The visa applicants applying through Temporary Residence Stream would have already met their skill requirement while holding 457 visa and working with their nominating employer for their nominated occupation.
Skill exemption here applies only to those applicants who are applying under Direct Entry Stream for either ENS or RSMS.
The skill exemption for visa applicants for RSMS visa through Direct Entry Stream require the applicant to stay in Australia for the last two years out of three years immediately before applying for the visa while holding subclass 444/461 visa and working with the nominating employer under nominated occupation. The residence duration does not include any periods of unpaid leave.
Skill exemption for visa applicants for ENS through Direct Entry Stream require the applicant to
- Be nominated as a scientist, researcher or technical specialist by an Australian government scientific agency, including State and Territory government scientific agencies
- Be nominated as an academic by a university in Australia
- Be in Australia as subclass 444/461 visa holder working for the last two years out of three years with their nominating employer under the nominated occupation before applying for the visa. The residence duration does not include the period of unpaid leave.
English Language Exemption
All the applicants are required to have at least competent English.
Only those applicants applying through Temporary Residence Stream can avail English language exemption. The applicant must have completed minimum five years of full-time course in secondary or higher education institution where the medium of class discourse was English.
Contact DMS migration consultants to get more information about the exemptions and suitable visa subclasses for your occupation.